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California › Federal Arbitration Act › Employment Contract

Fox Rothschild LLP

A Simple Payment Error is not a Waiver of the Right to Arbitrate

Fox Rothschild LLP on

I have some good news for California employers seeking to enforce arbitration agreements. The California Supreme Court just held that non-payment of arbitration fees does not automatically waive the right to arbitrate....more

CDF Labor Law LLP

CA Supreme Court Offers Relief to Employers For Unintentional Arbitration Fee Delays

CDF Labor Law LLP on

Background: The Thirty-Day Arbitration Fee Rule - In 2019, the California legislature amended the California Arbitration Act (CAA) to require the party who drafts an arbitration agreement to pay all required arbitration...more

Proskauer - California Employment Law

For At Least One Employer, Reliance on an Outdated Arbitration Agreement Proved to be a Losing Gamble

Proskauer - California Employment Law on

As we have reported time and again, California courts have applied extra scrutiny to employee arbitration agreements in recent years, and have not hesitated to deny arbitration where there is a reasonable basis for doing so. ...more

Sheppard Mullin Richter & Hampton LLP

Choice-of-Law Provisions Cannot Circumvent Ending Forced Arbitration Act, Court of Appeal Rules

Sheppard Mullin Richter & Hampton LLP on

On February 3, 2025, the California First District Court of Appeal held that a party to an arbitration agreement cannot rely on a choice-of-law provision to wire around the federal Ending Forced Arbitration of Sexual Assault...more

Proskauer - California Employment Law

Another Arbitration Agreement Bites the Dust!

Proskauer - California Employment Law on

The California Court of Appeal dealt another blow to arbitration, just months after we reported the last such decision here. This time, the Court ruled that the federal Ending Forced Arbitration of Sexual Assault and...more

Weintraub Tobin

California Employment News: The State of Mandatory Arbitration Agreements in California Employment

Weintraub Tobin on

The recent 9th Circuit opinion in US Chamber of Commerce v. Bonta struck down AB 51, determining that it was preempted by the Federal Arbitration Act. Meagan Bainbridge and Lukas Clary review how this decision impacts the use...more

Weintraub Tobin

Podcast: California Employment News - The State of Mandatory Arbitration Agreements in California Employment

Weintraub Tobin on

The recent 9th Circuit opinion in US Chamber of Commerce v. Bonta struck down AB 51, determining that it was preempted by the Federal Arbitration Act. Meagan Bainbridge and Lukas Clary review how this decision impacts the use...more

Meyers Nave

Ninth Circuit Blocks California’s AB 51, Reopening the Door for Mandatory Employment Arbitration

Meyers Nave on

Mandatory Arbitration is Alive and Well - A big win for California employers was announced February 15, 2023, when the Ninth Circuit Court of Appeals in Chamber of Commerce of the United States of America v. Bonta found...more

Alston & Bird

Ninth Circuit Green-Lights Employers’ Continued Use of Mandatory Arbitration Agreements in California

Alston & Bird on

Our Labor & Employment Group examines why the Ninth Circuit reversed itself and ruled that the Federal Arbitration Act preempts a California law that prohibited arbitration agreements as a condition of employment....more

Polsinelli

Mandatory Arbitration Agreements Remain Valid in California

Polsinelli on

California employers received welcome reassurance last week that they are free to require employees enter into arbitration agreements as a condition of employment. This is the result of an opinion from the Ninth Circuit last...more

Stradling Yocca Carlson & Rauth

All For Naught: California Employers Can Continue To Require Workers to Sign Arbitration Agreements

Stradling Yocca Carlson & Rauth on

After more than three years of legal challenges, California’s Assembly Bill 51 was completely struck down as preempted by the Federal Arbitration Act in a Ninth Circuit ruling on February 15, 2023. California employers can...more

McDermott Will & Schulte

Ninth Circuit Holds That California AB 51 Is Preempted by the FAA

McDermott Will & Schulte on

As of February 15, 2023, employers in California may once again require mandatory arbitration as the US Court of Appeals for the Ninth Circuit held that the Federal Arbitration Act (FAA) preempts Assembly Bill 51 (AB 51), a...more

Perkins Coie

Time To Update Arbitration Agreements—Mandatory Arbitration Is Again Permissible in California

Perkins Coie on

California employers with employees and job applicants subject to the Federal Arbitration Act (FAA) can once again require such individuals to sign arbitration agreements as a condition of employment. On February 15,...more

Weintraub Tobin

Good News for Employers: The Federal Arbitration Act Preempts the Prohibition of Mandatory Arbitration Contracts

Weintraub Tobin on

On February 15, 2023, the Ninth Circuit Court of Appeals decided Chamber of Commerce v. Bonta and found that the Federal Arbitration Act (FAA) preempts California’s Assembly Bill 51 (AB 51). Background: The FAA embodies a...more

Jackson Lewis P.C.

Federal Arbitration Act Preempts California Ban on Mandatory Arbitration Contracts, Ninth Circuit Holds

Jackson Lewis P.C. on

The U.S. Court of Appeals for the Ninth Circuit affirmed the district court’s grant of a preliminary injunction barring enforcement of California’s Assembly Bill (AB) 51 with respect to arbitration agreements governed by the...more

Fisher Phillips

Federal Appeals Court Blocks California’s Ban on Mandatory Arbitration Agreements: 7 Key Takeaways for Employers

Fisher Phillips on

A federal appeals court just paved the way for California employers to continue utilizing mandatory arbitration agreements with employees and job applicants. You may be familiar with the litigation roller coaster of...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Holds That PAGA Representative Waivers Are Enforceable In Certain Significant Respects

Sheppard Mullin Richter & Hampton LLP on

On June 15, 2022, the United States Supreme Court issued its much anticipated decision in Viking River Cruises, Inc. v. Moriana. The Supreme Court held that California’s rule invalidating pre-dispute agreements waiving the...more

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